Opinion
WA:17-CR-00216(1)-ADA
09-11-2024
UNITED STATES OF AMERICA v. (1) DANIEL JEREMIAH PLEAS
ORDER ACCEPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE '
ALAN D ALBRIGHT, UNITED STATES DISTRICT JUDGE.
Before the court is the above styled and numbered cause. On August 12, 2024 the United States Probation Office filed a Petition For Warrant or Summons For Offender Under Supervision for Defendant (1) DANIEL JEREMIAH PLEAS, which alleged that Pleas violated a condition of his supervised release and recommended that Pleas 's supervised release be revoked (Clerk's Document No. 55). A warrant issued and Pleas was arrested. On August 19, 2024, Pleas appeared before a United States Magistrate Judge, was ordered detained, and a revocation of supervised release hearing was set..
Pleas appeared before the magistrate judge on September 10, 2024, waived his right to a preliminary hearing and to be present before the United States District Judge at the time of modification of sentence, and consented to allocution before the magistrate judge. Following the hearing, the magistrate judge signed his report and recommendation on September 10, 2024, which provides that having carefully considered all of the arguments and evidence presented by the Government and Defendant, based on the original offense and the intervening conduct of Pleas, the magistrate judge recommends that this court continue Pleas supervised release. The magistrate judge recommends the additional following special conditions: the Defendant shall attend in-patient treatment at the Restoration of Hope in Texarkana Texas, as laid out in Defendant's Exhibit No. 1 (Acceptance Letter from Restoration of Hope), where Defendant will be placed on an electronic monitoring device to the extent Defendant's Probation Officer finds it necessary. The Defendant shall remain in custody until the probation office determines satisfactory transportation to the Restoration of Hope and living arrangements for Defendant. It is ORDERED that if Defendant again violates the terms of his supervised release, he be brought before the Honorable Judge Derek T. Gilliland, for any supervised release revocation hearing, if at all possible. (Clerk's Document No. 69).
A party may serve and file specific, written objections to the proposed findings and recommendations of a magistrate judge within fourteen days after being served with a copy of the report and recommendation, and thereby secure a de novo review by the district court. See 28 U.S.C.§ 636(b); Fed.R.Civ.P. 72(b). A party's failure to timely file written objections to the proposed findings, conclusions, and recommendation in a report and recommendation bars that party, except upon grounds of plain error, from attacking on appeal the unobjected-to proposed factual findings and legal conclusions accepted by the district court. Douglass v. United Services Auto Ass 'n, 79 F.3d1415 (5th Cir. 1996) (en bane). The parties in this cause were properly notified of the consequences of a failure to file objections.
On September 10, 2024, following the hearing on the motion to revoke supervised release, all parties signed a Waiver Of Fourteen Day Rule For Filing Objections To Report and Recommendation OfUnited States Magistrate Judge (Clerk's Document No. 67). The court, having reviewed the entire record and finding no plain error, accepts and adopts the report and recommendation filed in this cause.
IT IS THEREFORE ORDERED that the Report and Recommendation of the United States Magistrate Judge filed in this cause (Clerk's Document No. 69) is hereby ACCEPTED AND ADOPTED by this court.
IT IS FURTHER ORDERED that Defendant (1) DANIEL JEREMIAH PLEAS 'sterm of supervised release is hereby CONTINUED. In addition, defendant Pleas shall comply with the following special conditions: The Defendant shall attend in-patient treatment at the Restoration of Hope in Texarkana Texas, as laid out in Defendant's Exhibit No. 1 (Acceptance Letter from Restoration of Hope), where Defendant will be placed on an electronic monitoring device to the extent Defendant's Probation Officer finds it necessary. The Defendant shall remain in custody until the probation office determines satisfactory transportation to the Restoration of Hope and living arrangements for Defendant. It is ORDERED that if Defendant again violates the terms of his supervised release, he be brought before the Honorable Judge Derek T. Gilliland, for any supervised release revocation hearing, if at all possible.
IT IS FURTHER ORDERED that all prior conditions of supervised release are reimposed.